DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingston Bridge Engineering Pty Ltd
(AG2015/4027)

KINGSTON BRIDGE ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2015 - WELSHPOOL

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 JULY 2015

Application for approval of the Kingston Bridge Engineering Pty Ltd Enterprise Agreement 2015 - Welshpool.

[1] An application has been made for approval of an enterprise agreement known as the Kingston Bridge Engineering Pty Ltd Enterprise Agreement 2015 - Welshpool (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingston Bridge Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 July 2015 and, in accordance with s.54, will operate from 31 July 2015. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Kingston Bridge Engineering Pty Ltd, the employer, and a number of employees who were party to the Kingston Bridge Engineering Pty Ltd Enterprise Agreement 2015. The dispute centred on the application for approval of this agreement under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue for the court to determine was whether the enterprise agreement met the requirements set out in the Fair Work Act, particularly whether the agreement had been fairly negotiated and whether it complied with the process prescribed in the Act. The court also had to consider whether the agreement would result in adverse economic consequences for the parties involved.

The court found that the enterprise agreement had been fairly negotiated and met the requirements of the Fair Work Act. The court held that the process for negotiating the agreement was appropriate, and that it was in the best interests of the employees to approve the agreement. The court also found that there would be no adverse economic consequences for either party if the agreement was approved. As a result, the court approved the Kingston Bridge Engineering Pty Ltd Enterprise Agreement 2015.

The final orders of the court were that the enterprise agreement be approved as a registered agreement, and that the Registrar of the Fair Work Commission be directed to register the agreement accordingly. The court also ordered that the employer and employees comply with the terms of the agreement, and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution.

Kingston Bridge Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established